What to do if my licence application is refused?

​​​​​​​​Process for when a licence is flagged for refusal

​The process for when your tobacco licence application has been flagged for refusal allows you to explain why your application should not be refused. 

​​I have receive​​​d a Notice of Intent to refuse a licence application - what do I do now?​​​​​

​If your licence application has been flagged for refusal, a 'Notice of Intent' letter will be sent to you to let you know that we intend to refuse your application and why.

Possible reasons for refusing your licence application include:

• ​You have been found guilty of an offence relating to the sale or supply of tobacco or vaping goods under any relevant state, territory, or Commonwealth legislation
  
• You have provided false or misleading information
  
• You have not complied with the requirements of another tobacco retail or wholesale licence in NSW
  
• We have received information or a recommendation from a law enforcement agency that your licence should be refused.​
  

The Notice o​​f Intent letter will be sent to the email address you provided as part of your application.

You will have 14 days to respond to this letter and your response will need to explain to us why your application should not be refused.

Your response must be sent to the email address provided in the Notice of Intent letter. We will then consider your submission and make a formal decision to either refuse or approve your application. We will notify you in writing of our decision.

​Can I sell tobacco and non-tobacco smoking products if I have received a Notice of Intent?

If you submitted your application on or before 1 October 2025:

• You can continue to retail or wholesale tobacco or non-tobacco smoking products until we have formally decided your application following the Notice of Intent process
  
• If a licence is granted to you, you may then continue to sell tobacco and non-tobacco smoking products. If your application is refused, you must stop selling tobacco and non-tobacco smoking products.
  

If you submitted your application​ on or after 2 October 2025:

• ​You must not sell tobacco products and non-tobacco smoking products until we have formally decided your application. 
  
• ​If a licence is granted to you, you may then continue to sell tobacco and non-tobacco smoking products. If your application is refused, you must continue to not sell tobacco and non-tobacco smoking products.
  

If you are found to be selling tobacco or non-tobacco smoking products without a valid licence you can be fined or prosecuted and liable for significant penalties.​​

​My licence application has been refused - what now?

If your licence application is refused, we will send a letter notifying you of this decision. This letter will be sent to the email address you provided as part of your application.​​

​Internal review process​

If your application is refused, you have a right to seek an internal review.

​​How do I seek an internal review?

You may ask that the decision​​ to refuse your licence be reviewed. You will need to provide us with reasons why we should overturn the decision to refuse your licence.

Your letter of refusal will provide instructions on how to provide these reasons to us.

You will have 28 days from the date of our decision to refuse your licence to request an internal review.

​Can I sell tobacco and non-tobacco smoking products during the internal review process?

No. While you seek an internal review and while the decision to refuse your licence application is being reviewed, you must not sell tobacco products and non-tobacco smoking products.

​​What will happen once I submit my request and reasons for an internal review?​​

If after considering the reasons you have provided, we still think your licence should be refused, we will notify you again via a ‘Notice of Review’ letter. You will then have an additional 14 days to provide any further information you think we should consider.​

After this, we will notify you of our final decision.

If the internal review of your licence refusal confirms the decision to refuse your licence, you must continue to not sell tobacco products and non-tobacco smoking products.​

If you are found to be selling tobacco or non-tobacco smoking products without a valid licence you can be fined or prosecuted and liable for significant penalties​.​​